All At Sea: An Accusation Of Piracy Against William Herle .

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All at Sea:An Accusation of Piracy Against William Herle in 1565Robyn AdamsI com frelye in uppon your honors assurance, to justeffye mydoings, & to difface my accusers, aswell to acqwite your honorto the Qwenes majestie, being that waye allwayes mi prefferer,as to discharge my pore honestye everye waye. Consyderingwhatt a reproche it is to th’entretye of the traffyck, yf I justlyemight be charged with this. Requireng therfore most humblyeto plede my case in lybertye (accordyng to promys) & if I maybe justlye towched, I require no favor but extreme deth, formy emprisonment shold be my undoing, where otherwise mifrynds mene well unto me, but I know your honors word to besuffycyent to me, & hitherto to hathe byn allwayes invyolate.1Elizabethan privateering is typically associated with the notorious figures ofSir Francis Drake, Sir Walter Raleigh, and Sir Martin Frobisher. Endorsedand celebrated by Elizabeth I and her council, the aggressive policy againstSpanish shipping contributed to the legend of English sea power at the end1. William Herle to Sir William Cecil, 3 August 1565, The National Archives,Kew (TNA): Public Record Office (PRO) SP 15/12/76, fol. 221v. 2012 by Washington & Jefferson College. All rights reserved.0049-4127/2012/5801-001

TOPIC: THE WASHINGTON & JEFFERSON COLLEGE REVIEWof the sixteenth century, increasing in frequency after the “victory” over theArmada in 1588, and later connected to colonial enterprise. In the middleyears of the century, piracy and privateering were also widespread, althoughon a much smaller scale and mostly restricted to local waters. Throughouther reign, the queen and her ministers understood the importance of policing England’s coastal waters, carefully monitoring local coastal commerceand small-scale maritime maneuvers for illegal and unauthorized activityagainst neutral shipping that could harm economic interests and potentiallycreate awkward diplomatic conflict. From prominent landowners to lowerstatus communities, the majority of local inhabitants had links to both licitand illicit marine commerce.This article will concentrate—in case-study form—on a body of littlestudied and unpublished archival documents in the High Court of Admiralty (HCA) papers at the National Archives in London relating to the Elizabethan intelligencer William Herle (d. 1588). The HCA papers reveal theday-to-day workings of the administrative body responsible for the surveillance and legal process of England’s substantial coastline and home waters.Documents for the sixteenth century are patchy, but there is enough surviving evidence to reveal the abundance of piratical and criminal activity alongthe coast. While there has been a recent revival of critical interest in piracyand privateering in relation to state power and global expansion (alongside ahealthy output of non-academic studies of pirates and privateers fuelled by adurable interest in hair-raising tales of derring-do), the records of the HCAare an underexploited resource for understanding the complexity and extentof the jurisprudence and administrative framework of this legal body. Therecords offer specific glimpses and cases of individuals and places implicatedin criminal activity on shore and at sea.2 I contend that it is Herle’s marginaland flexible status that is the key to this episode of suspected piracy. Locatedon the nebulous fringes of the political landscape, Herle inhabits an uncertain, shifting position. Possessing the skills to transmit knowledge in a varietyof languages and a semi-licensed mobility deriving from his frequent trips asan emissary and on mercantile business, Herle’s faculties had equal potentialto be directed toward state matters or treasonous and criminal means. Coupled with persistent insolvency, these features of Herle’s life render unsurprising the discovery of documents purporting to locate Herle aboard a shipaccused of piracy.2. For a valuable collection of interdisciplinary essays on piracy, see Pirates? ThePolitics of Plunder, 1550–1650, ed. Claire Jowitt (Basingstoke: Palgrave, 2006).2

TOPIC: THE WASHINGTON & JEFFERSON COLLEGE REVIEWIn 1565, William Herle was no stranger to the sea. A household memberof the London mercer Sir William Garrard and a minor gentry figure, it islikely that Herle was involved in Garrard’s extensive mercantile enterprise,possibly as an apprentice or a factor. Garrard, Lord Mayor of London in1555, had strong links with the northern European cloth trade.3 Herle travelled between London and the continent as part of his work for Garrard,his travels building a portfolio of linguistic skills, commercial acumen, andinformation-gathering skills that would prove valuable in later years. It islikely that Herle’s activities as Garrard’s agent brought him to the attentionof Elizabeth’s ministers. His capacity for commercial mobility alongside hislinguistic expertise made him an ideal recruit for the performance of arcaneassignments and the transmission of intelligence letters: in 1561, Secretary ofState Sir William Cecil dispatched him on secret business to act as his agentin a contract between Elizabeth and the Senate of Hamburg.4 Herle’s serviceswere in demand in the early to mid-1560s for negotiating between Englandand her continental neighbors on a variety of matters, including sourcing andtransporting “material of war” from various German city-states.5 In the earlyyears at least, this government work was conducted without the knowledgeof Garrard. Herle’s linguistic talent, along with his capacity for observing andrecording information in scrupulous detail, earned him a cliental positionwith Cecil, a patronage relationship that branched later in Elizabeth’s reignto include Sir Francis Walsingham and Robert Dudley, Earl of Leicester.The corpus of Herle’s intelligence letters, which spans the years 1559 to1588, contains copious sensitive information and reveals the breadth of hissurveillance, ranging from collating a wide range of reports he was receivingfrom London and the continent to empirical observation: intelligence aboutmovements of prominent or suspicious figures around the city of Londonand other provincial areas. Herle’s talents lay in exchanging information,3. Herle is described as a “servant” and “skilled businessman” of Garrard. SeeOskar de Smedt, De Engelse natie te antwerpen in de 16e eeuw, 1496–1582 (Antwerp:de Sikkel, 1954), 213, and Richard Ehrenberg, Hamburg und England im Zeitalterder Konigin Elisabeth (Jena: G. Fischer, 1896), 61.4. Instructions for William Herle to negotiate a loan from Hamburg, 2 January1561, MS Cotton Titus B V, fols. 171r–173v, British Library.5. Instructions to William Herle regarding the recovery of material of war andthe negotiation of a loan in Hamburg, 16 August 1563 (copy), MS Add. 5935, fols.189r–v, British Library. From his letters, there is evidence that Herle had Latin,French, Italian, High-Dutch (German), and Flemish to at least proficient readingand writing level.3

TOPIC: THE WASHINGTON & JEFFERSON COLLEGE REVIEWSir William Cecil (1st Baron Burghley after 1571), Secretary of State,1558–72. Engraving by William Marshall after de Passe, 1642. Trustees ofthe British Museum.4

TOPIC: THE WASHINGTON & JEFFERSON COLLEGE REVIEWspending a considerable period of time (often without official authorizationand in order to avoid his persistent debt problems) in the Low Countriesand northern Europe until his death in 1588. For his substantial “service” tothe crown—a “service” based on this regular exchange of valuable politicalinformation—he was rewarded with a couple of official posts, such as sheriffof Cardiganshire (1574) and member of Parliament for Callington, Cornwall(1586). Despite his concerted efforts to secure an office related to centralgovernment activity or obtain lucrative monopolies on goods such as alumor sulfur, Herle was consistently located in the cohort of second-rank figuresin the political landscape.6It is worth pausing a moment to define privateering in relation to piracy,especially at this period in Elizabeth’s reign. Privateering—the term thatcame into use in the seventeenth century—was distinct from piracy by theissue of letters of marque from a sovereign.7 These letters authorized the strategic attacking of designated enemy shipping, which were usually independentventures undertaken by individuals. The sack and spoil of enemy shipping byprivately owned vessels greatly contributed to and extended the naval potential of the state. Earlier letters of marque for English seamen authorized theattack of enemy shipping, especially during the conflict with France in themid-1560s. Later, in the time of Drake and Frobisher, the crown took aneconomic interest in privateering, investing resources and vessels in exchangefor a share in the spoils of the returning expeditions. In the first decades ofElizabeth’s reign, numerous proclamations were issued in order to suppressillicit privateering along English coastal waters between France and the LowCountries, suggesting that the authorities considered the problem of illegalsack and spoil to be escalating—or at least that they were keen to be visiblypursuing these offences.8At the beginning of August 1565, Margaret, Duchess of Parma, KingPhilip of Spain’s regent in the Netherlands, wrote to Elizabeth to protestthe spoils being committed at the mouth of the Thames against Spanish6. For more on informers like Herle as satellites to the centers of political power,see Robyn Adams, “A Spy on the Payroll? William Herle and the mid-Elizabethanpolity,” Historical Research 83 (2010): 266–80, and Patrick Collinson, “Puritans, menof business, and Elizabethan parliaments,” Parliamentary History 7, no. 2 (1988): 192.7. See Kenneth R. Andrews, Elizabethan Privateering (Cambridge: CambridgeUniversity Press, 1964), 5–22, and Jowitt. These licenses were also known as letters ofreprisal or letters of commission.8. These proclamations were issued by the queen’s printers and include A proclamation agaynst the maintenaunce of pirates (London, 1569).5

TOPIC: THE WASHINGTON & JEFFERSON COLLEGE REVIEWMargaretha van Parma (Margaret of Austria, Duchess of Parma and Plaisance), governor of the Netherlands, 1559–67 and 1578–82. Image courtesyof the New York Public Library Digital Gallery.6

TOPIC: THE WASHINGTON & JEFFERSON COLLEGE REVIEWsubjects, naming “Willem Earle” as the chief perpetrator of the piracy. Shedemanded restitution of the goods seized by the pirates and the assurancethat Elizabeth would take action.9 Margaret’s letter arrived at a critical time:delicate trade negotiations were in progress at Bruges, attempting to restorethe ancient commercial relations between England and the Netherlands.10The trade dispute was not helped by the frequent seizing of Flemish andFrench ships, complained Margaret, and could substantially endanger theancient amity between the two nations.11 Significantly—in archival terms—this letter is contained within a volume of papers in the British Library’sCotton collection that almost exclusively concerns the diplomatic negotiations at Bruges, suggesting that the collators of the manuscripts collected bySir Robert Cotton recognized the connection between Margaret of Parma’sexplicit accusation of William Herle and the trade arrangements being ratified across the Narrow Sea.On 12 August 1565, a few days after the receipt of the Duchess of Parma’sletter, the Privy Council met in Windsor and noted the recent increase ofrobberies occurring in English waters. They instructed that a letter be writtento one of the Judges of the Admiralty—probably Valentine Dale—directinghim to investigate a claim by the Spanish ambassador (Guzman de Silva)that English sailors were routinely committing “sundry spoyles and piracies” on Spanish shipping at the mouth of the Thames and around the eastcoast. With the full, explicit support of the Privy Council, Dale was requiredto make enquiries about local communities’ aiding and abetting the pirateeconomy.12 In the same order, the Council required the Admiralty to “havespeciall consideracion to the matter wherewith Hearle, now in prison, standeth charged.”This directive and the series of documents within the High Court ofAdmiralty papers in the National Archives reveal that the authorities tookthese accusations by the Spanish seriously. Herle was accused of associatingwith privateers carrying letters of marque from the King of Sweden, whoseprimary targets were Danish and Norwegian ships but who were accused of9. Margaret, Duchess of Parma, to Elizabeth I, 2 August 1565 (in French), MSCotton Galba C II, fol. 166r, British Library.10. See chapter 14 of Conyers Read, Mr Secretary Cecil and Queen Elizabeth(London: Jonathan Cape, 1965).11. Margaret, Duchess of Parma, to Elizabeth I.12. Acts of the Privy Council of England, ed. John R. Dasent (London: Eyre &Spottiswoode, 1890), 217–18.7

TOPIC: THE WASHINGTON & JEFFERSON COLLEGE REVIEWseizing goods from ships of other neutral nations off the North Foreland inKent.13 Within the Oyer and Terminer records of the Admiralty commissionsare found the division of papers relating to the “Examinations of pirates andother criminals” between 1565 and 1570. Four manuscript documents withinthis section relate to Herle: Herle’s own “declaration,” giving an explanationof his movements—maritime and otherwise—over the previous few weeks,two further notes by Herle adding details to this former examination, anda deposition dated 25 July by the Searcher of Margate, Luke Sprackling. Inaddition to these documents in the Admiralty records, two documents sentfrom Herle to Cecil are located in the Additional State Papers at the NationalArchives: another “declaration” and a diary detailing his movements for themonth of July.These extant documents recording the investigation into Herle’s allegedoffence suggest that the “spoyles” seized from the ships in the Thames mouthwere principally fish and salt, small-scale booty characteristic of the typesof commodities robbed by opportunistic privateers and pirates. As K. R.Andrews notes, open or disguised piracy was often undertaken by Englishowners of small vessels who ventured just offshore, taking “usually modestprizes (wines, salt, fish, etc., rarely worth more than 200), selling the plunder cheap in minor seaports or plunder marts.”14The permeability and complicity of local port authorities was such thatthere was an established and accepted culture where an ordinary seafaringvessel might opportunistically “recover” goods from a insufficiently guardedcraft and not be punished for piracy if a sufficient premium was paid to thelocal Recorder or Searcher.Herle’s alleged misdemeanor was being on a ship when such a deed wascommitted—a fact he hotly contested. He confessed that he had been aboardthe Tiger, owned by William Wilson and captained by Charles Morehouse,in order to recover a debt owed him by Wilson and that Wilson intendedto repay in plunder acquired under his Swedish letter of marque, but Herleinsisted that he had disembarked before any piracy had taken place. Hecompiled what he labeled a “dyarye justification” of his movements for the13. The North Foreland is the southeastern point of the triangle that forms theThames Estuary and the easternmost point of Kent.14. Kenneth R. Andrews “The Economic Aspects of Elizabethan Privateering,”Bulletin of the Institute of Historical Research 25 (1952): 84. Note that Herle statesthat the salt was seized from a Danish ship, which would suggest that the Englishship was observing the terms of the commission from the King of Sweden.8

TOPIC: THE WASHINGTON & JEFFERSON COLLEGE REVIEWmonth of July, detailing the names and occupations of people he was withduring this time and giving a clear account of the places he visited:It shalbe necessarye to that mi former declaratyon exhibitedyesterdaye to your honor, to ad noles a further & a dyaryejustificatyon of mi self, where daye by daye I have byn fromtewsdaye the third of this present moneth Julye (for then Ideparted the ship) to this tyme that we are now yn. For seingthe Queens Majestie provoked most justlye, by so grevous &dooble crymes, for vyolatyng her stremes & offence to her derefrynds, I shold thinck mi self an unhappye man, yf ether I dydpartake ani thing that waye, or concede ani thing in the rest.15Together with an exhaustive record of his movements, Herle submitted two“declarations” explaining his reasons for being aboard the Tiger and revealingdetails of his subsequent arrest and indictment for piracy.The earliest document in the HCA records concerning this event isSprackling’s deposition. Sprackling was keen to locate Herle in order torecover a debt of his own (the sizeable sum of 4 17s.) and had been alertedthat Herle lay aboard a ship off the North Foreland by two mariners whoclaimed they were “of the companie of Herles ship.”16 Sprackling insistedthat his reason for boarding the ship was only to recover the debt and thatwhen he embarked, Herle was not on board. The captain, Morehouse, gaveSprackling “gentell entertaynment and sent to the sayd searchers wife a smalerowlet of iij gallons of wine called Taynt, a holand chese and two barrels ofpowdred codds, and offered to sell xx barrels of fishe more at xiijs iijd thebarrel which he refused.”17 Morehouse revealed to Sprackling that he andHerle had a license from King Erik of Sweden “to apprehend and take allsuche shipps and goods as did appertaine to any of his enemies.” Morehousealso requested that Sprackling victual the Tiger with beef, biscuits, and beer.15. William Herle to Sir William Cecil, 31 July 1565 (endorsed by Cecil on theaddress leaf as 3 August), TNA: PRO SP 15/12/76.i, fol. 224r. For the corpus ofHerle’s letters, see Letters of William Herle Project, ed. Robyn Adams, AHRC Centrefor Editing Lives and Letters, 16. Luke Sprackling’s deposition concerning William Herle, TNA: PRO HCA1/36/393, fols. 393r–395v.17. Ibid., fol. 393r.9

TOPIC: THE WASHINGTON & JEFFERSON COLLEGE REVIEWHowever, after hearing rumors in Margate that Morehouse was involved inpiracy, Sprackling countermanded the order to revictual the ship.18Sprackling stated that he had been told by the two mariners who firstalerted him to Herle’s whereabouts that Herle and another member of theship’s company had lodged in a local man’s house in Margate the nightbefore and had departed the next morning to an unknown destination. Herevealed that Morehouse had been inquiring around the North Foreland forany letters that might have been left for him. Finally, finding their activitiestoo suspicious, Sprackling told how he had ordered Morehouse to pay hima visit and refused to supply his ship with food, declaring he suspected thecompany to be pirates.What is interesting about Sprackling’s conduct is that, as the Searcher ofMargate (a “limb” of the ancient administrative body of the Cinque Port ofDover, which had its own Court of Admiralty)19 and a local petty official, hewas content not to take the matter any further despite the local suspicionand rumors of piracy. This may be because the ship’s company sailed undera Swedish commission or letter of marque that authorized its holders to perform activities to hinder the “enymies” of Sweden, giving English authorities little jurisdiction. As C. M. Senior notes, “Some Englishmen tried tocircumvent the law by obtaining foreign letters of marque and claiming thatthey should be treated as foreign privateers rather than pirates. However, thisloophole was soon closed by royal proclamation and after 1605 all Britishsubjects found serving abroad foreign privateers were unhesitatingly treatedas pirates.”20Rejecting the offer to purchase the plundered commodities offered byMorehouse (offering a glimpse of how both traders and pirates might peddletheir goods on shore, ill-gotten or otherwise), Sprackling nonetheless appearsto have accepted the gifts to his

ing England’s coastal waters, carefully monitoring local coastal commerce . (HCA) papers at the National Archives in London relating to the Eliza-bethan intelligencer William Herle (d. 1588). The HCA papers reveal the . and privateering in relation to state power and global expansion (alongside a

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